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furniture moving, can LL force you to do or won't do repairs

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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furniture moving, can LL force you to do or won't do repairs

Postby nycrsa1 » Tue Oct 06, 2020 11:39 am

i have repairs that need to be done, to get to the place, behind a stove, super is insisting I move furniture away, which with a bad back I simply cannot do. Can super refuse to move one piece of furniture that needs to be moved so super can move a stove which he willing to move? Can super refuse to do necessary repairs if I cannot move one piece of furniture? Thank you.
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Re: furniture moving, can LL force you to do or won't do rep

Postby Landlords Boy » Tue Oct 06, 2020 1:19 pm

Many leases contain a standard clause that says something like, "Tenant will do nothing to interfere or make more difficult Landlord's efforts to provide You and all other occupants of the Building with the required facilities and services."

So if it's a REQUIRED repair and something of yours is blocking access to getting it fixed, you're going to be in violation of your lease if you don't move it out of the way.

Bad back? See if you can pay a neighbor to move your furniture as needed. Or maybe the super himself will do it for a few bucks. The important thing is that you're the one taking responsibility here, not the landlord or the super.
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Re: furniture moving, can LL force you to do or won't do rep

Postby nycrsa1 » Tue Oct 06, 2020 1:24 pm

i appreciate it, i have no young neighbors who could do this, and seriously each year i hurt my back and am in bed. super is older than me and refuses to move it. any other suggestions
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Re: furniture moving, can LL force you to do or won't do rep

Postby TenantNet » Tue Oct 06, 2020 3:02 pm

Landlord's Boy is incorrect here, and he knows better. Some repairs require furniture be moved. And some tenants are just unable to physically do that. If the tenant has a bad back, elderly, or has other physical limitations, this is not doing something to interfere with required repairs as Landlord's Boy is implying.

Tenants are usually expected to move furniture, for example, when a room is being painted. In fact I would prefer to move the furniture myself as many supers or repair people might damage the furniture.

Rest assured NYCRSA1, you are not interfering with the LL's obligation to make repairs. No specific case comes to mind, but I have seen cases where courts have directed landlords to make what are called "reasonable accommodations" to the tenant. In other words, the super or repair person would be required to move the furniture (assuming they are able).

In general you are not required to pay the super to complete the repairs, although that might help to grease the wheels if you want it done quicker. Just don't feel obliged.
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